IPC Section 109

IPC Section 109 – Punishment for Abetment of a Crime

Bare Act Language:

"Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence."

Explanation in Detail:

1. Meaning of Abetment:

Abetment refers to the act of encouraging, instigating, or assisting someone to commit an offence. It includes:

Instigating: Provoking or urging someone to commit a crime.

Conspiring: Agreeing with others to commit a crime.

Aiding: Helping in some way before or during the commission of the crime.

2. Conditions for Section 109 to Apply:

For Section 109 to be applicable, these conditions must be met:

There must be abetment of an offence by a person (the abettor).

The offence actually happens as a consequence of that abetment.

The IPC does not have a separate punishment prescribed for abetment of that particular offence.

3. Effect:

When a crime is committed because of abetment and no special punishment exists for abetment of that crime, the abettor is punished with the same punishment as the person who commits the offence.

This makes the abettor liable even if they did not personally commit the offence.

4. Example:

If Person A instigates Person B to commit theft (say stealing a bike), and Person B actually steals it:

If there is no specific punishment for abetment of theft, then under Section 109, Person A will be punished the same way as Person B for theft.

5. Relationship with Other Sections:

Section 109 is a general provision about punishment for abetment.

Other sections like Section 107 IPC define abetment.

Specific offences might have specific abetment punishments (e.g., Section 306 for abetment to suicide).

If such specific provisions exist, Section 109 does not apply.

Summary:

Section 109 deals with punishment of a person who abets an offence.

If the offence occurs due to the abetment and no specific punishment exists for abetment, the abettor gets the same punishment as the offender.

It is an important section to ensure abetters are not let off lightly.

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